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RFID Device Suppliers: Beware the FCC's New Authorization, Marketing and Importation Rules

The Federal Communications Commission has voted to approve new rules impacting how RF equipment, manufacturers, vendors, importers and distributors may conduct business.
By Ronald E. Quirk

Importation Rules

Current Rules
Importers of RF devices must declare that their devices have been tested and approved via the applicable authorization procedure, or are being imported pursuant to one of the FCC-approved specific exemptions.

Declaration requirements: No RF device may be imported unless the importer declares that the device meets the FCC rule requirements via electronic declaration at points of entry at which electronic filing at U.S. Customs & Border Protection (CBP) is available. When electronic filing is not available, the importer must use FCC Form 740 and attach it to the CBP-required papers.

Trade show exemption for unauthorized devices: The FCC permits the importation of 200 unauthorized devices for use in licensed service to be imported for trade show demonstration purposes, and 10 unauthorized devices intended for unlicensed use.

Importation of unauthorized devices for personal use only: A total of three unauthorized devices for use in unlicensed services may be imported for personal use

New Rules
1. The Form 740 filing requirements have been eliminated. Importers no longer have to file information with the FCC specifying the import conditions on which they are relying.

2. The permitted number of unauthorized devices for trade show demonstration purposes has been increased to 400.

3. A total of three unauthorized devices intended for use in licensed services will be permitted, as long as those devices are for personal use only.

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